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HomeMy WebLinkAboutordinance.council.008-84 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE 'NO. 8 (Series of 1984) AN ORDINANCE APPROVING THE ISSUANCE OF A FIFHEEN (15 YEAR NON- EXCLUSIVE, REVOCABLE PERMIT TO CONSTRUCT, OWN, OPERATE AND MAIN- TAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF ASPEN, COLORADO, TO MICRO CABLE COMMUNICATIONS CORPORATION, A WASHINGTON CORPORA- TION, d/b/a CANYON CABLE TV CORPORATION; APPROVING THE TERMS AND CONDITIONS OF SAID PERMIT AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY; AND REFERRING A QUES- TION CONCERNING THE APPROVAL OF SAID PERMIT TO THE ELECTORS WHEREAS, Micro Cable Communications Corporation d/b/a Canyon Cable TV Corporation (hereinafer "Canyon Cable") has made applica- tion to the City Council pursuant to Chapter 25 of the Municipal Code of the City of Aspen, Colorado, commonly known as the "Aspen Cable Television System Ordinance" for a non-exclusive, revocable permit to construct, own, operate and maintain a cable television system within the City of Aspen; and WHEREAS, said cable system and its cables, wires and related appurtenances will cross over and under the streets, alleys, side- walks, highways and other public ways and places of the City of Aspen; and WHEREAS, upon the application of Canyon Cable and all of the facts and representations set forth therein, the City Council has reviewed the legal, character, financial and technical qualifica- tions of the applicant; and WHEREAS, having considered the application of Canyon Cable, the City Council deems the issuance of a cable television system permit to Canyon Cable, the terms and conditions of which are set forth in the CATV "permit" annexed hereto and made a part hereof, to be in the bes~ interest of the City of Aspen, its visitors and citizens to assure the continuing operation of a cable television system in the City, as well as the reception of increased program variety and improved television reception; and RECORD OF PROCEEDINGS 100 Leaves WHEREAS, Canyon Cable has accepted all the conditions, reg~u- lations and provisions of the Aspen Cable Television System Ordin- ance and the terms and conditions of the "CATV permit" annexed hereto; and WHEREAS, the Aspen Cable Television Ordinance provides that any permit and the rights, privileges and authority granted pursu- ant thereto shall become effective thirty (30) days after the approval of the electors of the City voting at a special or gen- eral election, and the City Council desires to submit a question concerning authorization by the electors to issue said permit as hereinbelow provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 The terms and conditions of that "CATV permit" issued in the name of Micro Cable Communications Corporation, a Washington cor- poration, d/b/a Canyon Cable TV Corporation, annexed hereto and incorporated herein, are hereby approved, subject to authorization by the electors of the City of Aspen pursuant to the Aspen Cable Television Ordinance and upon said authorization by the electors, the Mayor is hereby authorized and directed to execute said permit on behalf of the City of Aspen. Section 2 That at a special or general election, as designated by future resolution of the City Council, the following question be submitted to the electors with respect to the issuance of the aforesaid Cable Television System Permit: "Shall the City Council be authorized to issue a fifteen (15) year, non-exclusive, revocable permit for the operation of a cable television system in the City of Aspen to Micro Cable Communica- tions Corporation, a Washington corporation, d/b/a Canyon Cable TV Corporation? Said permit shall be issued pursuant to Chapter 25 2 RECORD OF PROCEEDINGS 100 Leaves of the Municipal Code of the City of Aspen, Colorado, commonly known as the "Aspen Cable Television System Ordinance". The City has approved the terms and conditions of said permit pursuant to Ordinance No. 8 (Series of 1984). A copy of said ordinance and permit may be reviewed in the office of the City Clerk, City of Aspen, Colorado, or at the polling place." Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4 A public hearing on the ordinance shall be held on the ~ day of Y/~_~ , 1984, at 5:00 p.m. in the City Council Cham s, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City of Aspen on the /~ day of the Ci Council of ~Y~ , 1984. ' : William L. S'tlrling, Mayor ~ ~TTEST: Kathryn'S.~6ch, City Clerk FINALLY adopted, passed and approved ths ~__ day of , 1984. William L. Stifling, Mayor 3 RECORD OF PROCEEDINGS 100 Leaves Ea~hrYn: $~/I{o¢h, ¢i~:y Clerk-- RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ss CERTIFICATE COUNTY OF PITKIN ) I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was~ introduced, read in full, and passed on reading at a regular meeting of the City Council of the City of Aspen on ~ /~ , 19 ~, and published in the Aspen Times a weekly newspaper of general circulation published in the City of Aspen, Colorado, in its issue of ~ /? , 19 ~.~, and was finally adopted and approved at a regular meeting~ of the City council on ' ~7~ ~f~ , 19 ~~, and ordered published as ~ , Series of 19 , of said City, as Ordinance provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado this /~ q~day ~ch, City Clerk Deputy City Clerk